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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47882
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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You agree to exclude your right to limit working time to 48

Resolved Question:

You agree to exclude your right to limit working time to 48 hours per week on average under the Working Time Regulations 1998, subject to your right to revoke this elect on 3 months prior written notice.Hi Ben,the above is currently in our contracts of employment - is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello again, is this given to employees right at the start of employment?
Customer: replied 1 year ago.
Yes
Expert:  Ben Jones replied 1 year ago.
A worker may agree in writing to opt-out of the 48-hour average limit However, it is best practice not to include the opt put agreement in the employment contract itself, but in a separate letter or agreement. Although an opt-out in an employment contract is legally valid, the European Commission is concerned about abuse, and would like to abolish this practice. The agreement may either expire after a specified period or apply indefinitely, subject to the worker's right to terminate the agreement. An opt-out is terminable by the worker on seven days' written notice unless the employer and worker have agreed a longer notice period, which cannot exceed three months' written notice. So you can leave it as it is in the contract but it would be best practice to have it in a separate agreement given to them at the start. The 3 month notice period for termination is legal too. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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